Quicky Stores Terms of Use
1. Accepting These Terms
This document, along with the additional policies and guidelines we reference throughout, establishes the rules and terms that govern your use of Quicky Stores (referred to as the "Terms").
The Terms represent a legally binding agreement between you and Quicky Stores. If you are located in North America or South America, this agreement is with Quicky Stores, Inc. For users residing outside these regions, the agreement is with Quicky Stores International Ltd., a subsidiary of Quicky Stores, Inc. Throughout these Terms, we’ll collectively refer to both entities as “Quicky Stores.”
Depending on your location and the currency used for payments, the entity acting as the merchant of record may vary:
- United States: Quicky Stores, Inc., 123 Main St, New York, NY 10001
- European Union: Quicky Stores International Ltd., 45 Market St, Dublin, Ireland
- United Kingdom: Quicky Stores UK Ltd., 10 River Rd, London, England
- Canada: Quicky Stores Canada Ltd., 123 King St W, Toronto, ON M5X 1A1
- Australia: Quicky Stores Australia Pty Ltd., 100 George St, Sydney, NSW 2000
- Rest of the World: Quicky Stores International Ltd., 45 Market St, Dublin, Ireland
Important Legal Notice:
Section 11 includes an arbitration clause and class action waiver for users in North and South America. It outlines how to resolve disputes through binding arbitration rather than lawsuits or class actions. Please review this section carefully, as it impacts your legal rights. If you do not wish to accept arbitration, you must formally opt out by following the instructions provided.
These Terms outline your rights and obligations when using Quicky Stores, including our website, mobile applications, and related tools and services (collectively referred to as the "Services").
By accessing or using any of our Services (including simply browsing our platform), you agree to abide by these Terms. If you do not agree, you may not use our Services. Ready to dive in? Let’s get started!
2. Additional Documents and Policies
Quicky Stores connects buyers and sellers across the globe, both online and offline, to help create, sell, and purchase unique products. To ensure smooth interactions and a clear understanding of expectations, here’s an overview of additional documents and policies that may apply to you, depending on how you use our Services:
General Rules for Everyone By using any of our Services, you agree to follow these Terms, along with our Privacy Policy and Anti-Discrimination Policy.
Seller Guidelines If you plan to list products for sale through Quicky Stores, specific rules and policies will apply to you. Make sure to review them here.
Buyer Guidelines Using Quicky Stores to browse and shop? Check out the policies designed to protect your experience as a buyer here.
Third-Party Policies These rules apply to intellectual property owners, API users, affiliates, and anyone requesting information from Quicky Stores. Learn more about them here.
Search, Advertising, and Recommendations This section explains how Quicky Stores organizes search results, advertisements, and recommendations that may include your content. Review the details here.
All these policies are considered part of our Terms, so be sure to review the sections that apply to you. And don’t skip the rest of this document—it’s important for everyone!
3. Your Privacy
At Quicky Stores, we understand that your personal information matters. That's why we've outlined in our Privacy Policy how we collect, use, and share your data when you use our platform. By accessing or using our services, you agree to let us process your information as described in the Privacy Policy, so we encourage you to review it carefully.
Handling Your Personal Information Both Quicky Stores and sellers process buyers' personal information—such as names, email addresses, and shipping details. Under data protection laws, both Quicky Stores and sellers act as separate and independent data controllers. Each party is responsible for safeguarding the data they handle during transactions.
For example, if a seller mistakenly shares a buyer’s name and email address while fulfilling another order, the seller—not Quicky Stores—will be responsible for that breach of privacy.
Joint Data Controller Responsibilities In the unlikely event that Quicky Stores and a seller are deemed joint data controllers of buyers' personal information, and Quicky Stores faces legal claims, fines, or expenses due to a seller’s actions (or inactions), the seller agrees to defend and indemnify Quicky Stores as outlined in Section 9 of this document.
Protecting your privacy is a priority at Quicky Stores. Please reach out if you have any questions about how your data is handled.
4. Your Account with Quicky Stores
To access certain features of Quicky Stores, you’ll need to create an account. Here are the rules for maintaining your account:
A. Age Requirement
- You must be 18 years or older to create and use an account.
- Minors aged 13 to 17 can only use Quicky Stores under the supervision of a parent or legal guardian who owns the account and grants permission.
- Children under 13 are not permitted to use Quicky Stores.
- Account holders are responsible for all activity conducted by minors on their accounts.
B. Provide Accurate Information
- Be truthful when creating your account.
- Providing false information or impersonating another person or business is strictly prohibited.
C. Account Names
- Choose a name that reflects professionalism and appropriateness.
- Offensive, vulgar, or infringing names are not allowed.
D. Account Responsibility
- You’re solely responsible for all activities on your account.
- If sharing the account with others, the person whose financial information is linked to the account is fully responsible.
- Business accounts must be registered by someone authorized to accept these Terms on behalf of the business.
- Account transfers are generally not permitted.
E. Password Security
- Keep your password secure to protect your account.
- Review our security tips to ensure your account remains safe.
F. Relationship Clarification
- Creating an account does not establish any agency, partnership, joint venture, employment, or franchisee relationship between you and Quicky Stores.
G. Dispute Cases and Appeals
- An account is required to participate in dispute resolution cases or to appeal actions taken by Quicky Stores.
For more information on registering and managing your Quicky Stores account, visit our Help Center.
5. Your Content
Content you share using Quicky Stores is yours, and we respect that (let’s call it "Your Content"). We make no claim to ownership of your content, which includes things like shop names, profile pictures, listing photos, descriptions, reviews, comments, videos, and usernames.
A. Responsibility for Your Content
- You are solely responsible for Your Content.
- You confirm that you have the rights to post Your Content and that it does not violate anyone else’s rights.
B. Permission to Use Your Content
- By posting Your Content, you grant Quicky Stores and authorized third parties permission to use it to operate, promote, and grow our Services.
- We don’t claim ownership, but we need the right to display, modify, and distribute it to showcase your listings and improve visibility.
C. Rights You Grant Quicky Stores
- By posting Your Content, you grant us and our partners a non-exclusive, worldwide, royalty-free, irrevocable, and sublicensable license to use, display, modify, reproduce, and distribute it in any format or channel.
- This includes promoting Quicky Stores, your shop, and listings through ads, blogs, social media, and other platforms.
- You waive any claims against us related to rights of publicity or moral rights regarding Your Content.
Examples include:
- Resizing images for better mobile viewing.
- Translating descriptions to other languages to reach international buyers.
- Featuring your products in ads or marketing campaigns.
D. Reporting Unauthorized Content
- We respect intellectual property rights. If your content is used without permission, follow our Intellectual Property Policy for takedown requests.
- If Your Content is alleged to infringe someone else’s rights, we may remove it or suspend your account. We’ll notify you if action is taken.
E. Prohibited Content
- You may not post content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive.
- Content violating our Prohibited Items Policy, Community Policy, or Terms is not allowed.
- Fraudulent, misleading, or deceptive content is strictly prohibited.
By adhering to these guidelines, you help create a trusted and professional marketplace within Quicky Stores.
6. Your Use of Our Services
License to Use Our Services We grant you a limited, non-exclusive, non-transferable, and revocable license to use Quicky Stores' Services—subject to these Terms and the following restrictions:
A. Compliance with Laws
- You agree not to use our Services to violate any local, state, federal, or international laws.
- Ensure compliance with all legal requirements for selling and delivering products, including permits and licenses.
- Prohibited actions include fraud, theft, anti-competitive behavior, and any unlawful acts against Quicky Stores, other users, or third parties.
B. Financial Obligations
- Pay all fees owed to Quicky Stores promptly.
- You are responsible for collecting and paying any applicable taxes unless otherwise stated in our Fees & Payments Policy.
C. Respect Intellectual Property
- Do not crawl, scrape, or reverse-engineer our platform without explicit permission.
- If you want to use our API, follow our API Terms of Use.
D. Protect Our Systems
- Avoid interfering with our Services through harmful activities, including viruses and excessive requests.
E. Trademarks
- The "Quicky Stores" name, logos, and designs are trademarks. You agree to follow our Trademark Policy if you wish to use them.
F. Suggestions and Feedback
- By submitting ideas or feedback, you grant Quicky Stores a non-exclusive, worldwide, royalty-free, irrevocable license to use and publish those ideas without compensation.
G. Communication
- By using our Services, you agree to receive legal communications electronically, including via email, in accordance with our Electronic Communications Policy.
7. Termination
Termination by You
- You may terminate your Quicky Stores account at any time from your account settings.
- Termination does not remove Your Content posted before termination, and any outstanding fees remain payable.
Termination by Quicky Stores
- We may suspend or terminate your account and access to Services if you or your Content violate these Terms.
- Termination may result in the loss of information and Content associated with your account.
Service Changes
- We may modify, suspend, or discontinue Services at any time without liability for potential revenue loss.
Survival
- These Terms remain in effect even after your account is terminated or your use of Services ends.
8. Warranties and Limitation of Liability
Items You Purchase Quicky Stores provides a platform for sellers to list and sell items. We do not manufacture, store, or inspect any of the products sold through our Services. All items are produced, listed, and sold directly by independent sellers. As such, Quicky Stores cannot and does not make any guarantees about the quality, safety, authenticity, or legality of items. Any legal disputes regarding a purchased item must be addressed directly with the seller. By using our Services, you release Quicky Stores from any claims related to items sold, including defective products, misrepresentations, or injuries caused by items (e.g., product liability claims).
Content You Access You may encounter content that you find offensive or inappropriate while using our Services. We do not guarantee the accuracy, legality, or decency of content posted by users. Quicky Stores is not responsible for any user-generated content and you release us from liability related to such content.
People You Interact With Our Services enable interactions between users both online and in person. However, Quicky Stores does not screen users beyond certain compliance and legal requirements. You release us from liability related to your interactions with other users. Always exercise caution and good judgment, especially during in-person meetings.
Third-Party Services Quicky Stores may include links to third-party websites or services that we do not own or control (e.g., social media platforms). You may also need to use third-party products or services to access some features. Accessing these third-party services is at your own risk, and you may be required to accept their terms. Quicky Stores is not responsible for these third-party agreements or services.
Promotions Quicky Stores may run promotions or special offers, which are managed at our sole discretion. Participation in these promotions is subject to Quicky Stores’ rules and conditions. We are not responsible for promotions or offers made by individual sellers.
WARRANTIES WE STRIVE TO PROVIDE HIGH-QUALITY SERVICES, BUT WE CANNOT GUARANTEE PERFECTION. OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT GUARANTEE THAT:
- THE SERVICES WILL ALWAYS BE AVAILABLE OR ERROR-FREE;
- DEFECTS OR ERRORS WILL BE FIXED PROMPTLY;
- THE SERVICES WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; OR
- THE RESULTS YOU EXPECT WILL BE ACHIEVED USING OUR SERVICES.
YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTY LIMITATIONS, SO CERTAIN DISCLAIMERS MAY NOT APPLY TO YOU.
LIABILITY LIMITS TO THE FULLEST EXTENT PERMITTED BY LAW, QUICKY STORES (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR AFFILIATES) IS NOT LIABLE FOR:
- LOST PROFITS OR REVENUES;
- CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO OUR SERVICES.
OUR TOTAL LIABILITY FOR ANY DAMAGES IS LIMITED TO THE GREATER OF:
- $100;
- ANY AMOUNTS DUE UNDER THE QUICKY STORES PURCHASE PROTECTION PROGRAM UP TO THE ITEM PRICE (INCLUDING TAX AND ORIGINAL SHIPPING COSTS); OR
- THE FEES YOU PAID TO QUICKY STORES IN THE 12 MONTHS BEFORE THE INCIDENT GIVING RISE TO LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnification
We hope this never happens, but if Quicky Stores gets sued or receives a claim, notice, inquiry, or demand because of something that you did (or failed to do), you agree to defend and indemnify us.
This means you will defend, reimburse, compensate, and hold Quicky Stores (including our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable attorneys’ fees) that arises from:
Your actions
Your use (or misuse) of our Services
Your breach of the Terms
Items you buy or sell through our Services
Your actual or alleged violation of any law or third-party rights
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us. You agree to cooperate with us so we can execute our defense strategy.
10. Disputes with Other Users
If you find yourself in a dispute with another user of Quicky Stores’ Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Dispute Resolution System
Buyers and sellers who cannot resolve a dispute related to a transaction through our Services may participate in our dispute resolution system. Quicky Stores may attempt to mediate disputes in good faith but is not obligated to resolve or assist in resolving any disputes.
Release of Liability
You release Quicky Stores from any claims, demands, and damages arising out of disputes with other users or third parties.
11. Arbitration and Dispute Resolution Agreement (North and South America)
If you have an issue with us, we encourage you to reach out, and we’ll do our best to resolve it together. However, if we’re unable to reach an agreement, you and Quicky Stores (including employees, officers, directors, agents, subsidiaries, and affiliates) agree to resolve disputes exclusively through binding individual arbitration. This means neither party can sue in court or have a jury trial, except under limited circumstances outlined below.
This section applies only to users in North or South America and is enforced to the fullest extent allowed by law.
Please read this section carefully, as it impacts your rights.
A. Disputes Subject to Arbitration You and Quicky Stores agree to mandatory arbitration for any claims arising out of or related to:
- Services provided by Quicky Stores
- These Terms and prior versions
- Products, data, or content bought, sold, or listed through our Services
- Statements or actions by Quicky Stores or its users
Exceptions include:
- Claims brought in "small claims" court as long as they remain there.
- Seeking injunctive relief for intellectual property rights (e.g., trademarks, copyrights).
All other disputes must go to arbitration, meaning both parties waive their rights to sue in court or have a jury trial.
B. Class and Representative Action Waiver You and Quicky Stores agree to resolve claims individually, not as part of a class action, representative, or collective proceeding. Claims cannot be consolidated with those of others. If this section is found unenforceable for a specific claim, only that claim may proceed in court.
C. Informal Dispute Resolution Before arbitration, both parties will attempt to resolve disputes informally. To start, send a written notice (“Notice of Dispute”) to disputes@quickystores.com including:
- Your name, contact information, username, and shop name (if applicable).
- A description of the dispute and your desired resolution.
Quicky Stores will respond similarly if we initiate a dispute. Both parties agree to a 60-day investigation and good-faith efforts to resolve the issue before arbitration can be filed.
D. Arbitration Rules and Procedures To initiate arbitration, either party must file a demand with the American Arbitration Association ("AAA"). Quicky Stores must be served at: Quicky Stores, Inc., Legal Department, 123 Main Street, Suite 200, San Francisco, CA 94105.
If the AAA cannot administer the arbitration, both parties will agree on another provider, or a court will appoint one.
- Arbitration will be conducted in English with one arbitrator.
- Claims under $25,000 will be resolved through documents only.
- Claims over $25,000 may be conducted via videoconference or in-person hearings, depending on circumstances.
- Arbitration will follow AAA’s Consumer Arbitration Rules, modified by this Agreement.
The arbitrator has authority to resolve disputes and award relief. Their decision is final and binding. Judgment on the award may be entered in any court with jurisdiction.
E. Arbitration Fees Arbitration fees are governed by AAA rules. If your share of fees exceeds what you’d pay in court, notify us, and Quicky Stores will cover the difference.
F. Batch Arbitration If 25 or more claimants submit similar claims within 90 days, they may be grouped into "batches" of up to 100 claimants for efficiency. Each batch will be treated as a single arbitration, with one arbitrator and one hearing. If this process is unenforceable for a specific claimant, their claim will proceed individually.
G. Opt-Out Option New users can opt out of this Arbitration Agreement within 30 days of accepting these Terms. To opt out, send an email to optout@quickystores.com with your name, email, username, and request to opt out. Opting out means arbitration does not apply to you, but all other Terms still do.
H. Future Changes to Arbitration Quicky Stores will notify users at least 30 days in advance of changes to this section. You can reject changes within 30 days by emailing arbitrationchanges@quickystores.com with your details. Otherwise, the updated terms will apply.
I. Governing Law and Forum For claims not subject to arbitration, disputes must be litigated in state or federal courts in San Francisco, California. Both parties agree to this jurisdiction. If you’re in Canada, non-arbitrable claims may be brought in Quebec (if you’re in Quebec) or Ontario. U.S. federal and California state law govern this agreement.
This section applies even if you opt out of arbitration under Section 11.G.
12. Dispute Resolution (Rest of World)
This section applies to users whose principal residence or business location is in Europe (including the European Economic Area, Switzerland, and the United Kingdom), Asia, Australia, or Africa. For these users, the Terms and any disputes are governed by Irish law and must be resolved exclusively in the courts of Ireland, unless prohibited by law.
If you are an individual consumer, you may be entitled to rely on mandatory consumer protection laws in your home country and may bring legal proceedings there. If Quicky Stores needs to enforce its rights against an individual consumer, we will do so only in their home country.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Resolving Disputes
We encourage users to contact Quicky Stores Support to resolve disputes amicably and/or follow the informal dispute resolution process described in Section 11.C.
For EU sellers, Quicky Stores provides a free and accessible complaint-handling system. Information about the Platform-to-Business (“P2B”) Regulation and our handling of complaints is available here. You may also use the European Commission's online dispute resolution platform for assistance.
13. Changes to the Terms
We may update these Terms occasionally, including by adding or removing provisions. Material changes will be communicated in advance through the Services or via email.
Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms. If you do not agree with the changes, you may close your account.
14. Some Finer Legal Points
These Terms, including all related policies, replace any prior agreements between you and Quicky Stores regarding the Services. If any part is found invalid, the rest remains enforceable. Failure to enforce any section is not a waiver of our rights. We may assign our rights and obligations under these Terms.
15. Contact Information
For questions about these Terms, email us at legal@quickystores.com.
Last updated: Dec 11, 2024